BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:  July 15, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          645 (Hancock) - As Amended July 7, 2015


          SENATE VOTE:  Vote not relevant


          SUBJECT:  After school programs: grant amounts.


          SUMMARY:  Authorizes an After School Education and Safety (ASES)  
          Program to suspend its operation for no more than five  
          schooldays in a fiscal year, beginning January 1, 2016.    
          Specifically, this bill:  


          1)Finds and declares that the cost of operating a program is  
            exceeding the grant amount provided in statute.


          2)Specifies that if the suspension of operation results in a  
            grant adjustment due to not meeting targeted attendance level,  
            the California Department of Education (CDE) may approve a  
            request from the program grantee for an exemption from the  
            adjustment.  Specifies that cost savings that result from the  
            suspension of a program pursuant to this bill shall be used  
            solely by the entity that is providing direct services to  
            pupils.  










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          3)Specifies that the authorization to suspend operation of  
            program shall remain in effect only until July 1, 2017, unless  
            a later enacted statute, that is enacted before July 1, 2017,  
            deletes or extends that date.


          4)Authorizes an ASES program to determine the specific grades to  
            be served at participating schools based on local needs.


          5)Strikes the intent of the Legislature that pupils in middle  
            school or junior high school attend a minimum of nine hours a  
            week and three days a week in an after school program to  
            accomplish program goals and instead expresses the intent of  
            the Legislature that each attending pupil participate in the  
            full day of the program for each day in which the pupil  
            attends the program.


          6)Strikes the intent of the Legislature that pupils in middle  
            school or junior high schools attend a minimum of six hours a  
            week or three days a week in a before school program to  
            accomplish program goals and instead expresses the intent of  
            the Legislature that each attending pupil participate in the  
            full day of the program for each day in which the pupil  
            attends the program, except when arriving late in accordance  
            with the late arrival policy.  


          EXISTING LAW:   


          1)Establishes the ASES program through the 2002 voter approved  
            initiative, Proposition 49. The ASES program funds the  
            establishment of local after school education and enrichment  
            programs, which are created through partnerships between  
            schools and local community resources to provide literacy,  
            academic enrichment and safe constructive alternatives for  
            students in kindergarten through ninth grade (Education Code  








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            (EC) Section 8482).

          2)Requires the CDE to adjust the grant level of any school  
            within the program that is under its targeted attendance level  
            by more than 15% in each of two consecutive years.  (EC  
            Section 8483.7(a)(1)(A)(ii))

          3)Specifies that in any year after the initial grant year, if  
            the actual attendance level of a school within the program  
            falls below 75% of the target attendance level, the CDE shall  
            perform a review of the program and adjust the grant level as  
            the CDE deems appropriate.  (EC Section 8483.7(a)(1)(A)(iii))

          4)Expresses the intent of the Legislature that elementary school  
            pupils participate in the full day of an after school program  
            every day during which pupils participate and that pupils in  
            middle school or junior high school attend a minimum of nine  
            hours a week and three days a week to accomplish program  
            goals.  (EC Section 8483(a)(2))

          5)Expresses the intent of the Legislature that elementary school  
            pupils participate in the full day of a before school program  
            every day during which pupils participate and that pupils in  
            middle school or junior high school attend a minimum of six  
            hours a week or three days a week to accomplish program goals,  
            except when arriving late in accordance with the late arrival  
            policy or as reasonably necessary.  (EC Section  
            8483.1(a)(2)(A))



          FISCAL EFFECT:  Unknown


          COMMENTS:  ASES program.  The ASES program, passed by voters as  
          Proposition 49 in 2002, provides almost $550 million annually  
          for before and after school programs for kindergarten through  
          grade 9 students.  In FY 2015-16, 555 school districts and  
          county offices of education operated ASES programs.  Local  








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          governments and nonprofit organizations working in partnership  
          with local educational agencies may also apply for funding.   
          After school programs must commence right after school and at  
          least until 6 p.m. for 15 hours per week.  Grants are provided  
          in three one-year increments with maximum grants at $112,500 per  
          year for elementary schools, $150,000 per year for middle or  
          junior high schools based on a per pupil amount of $7.50 per day  
          of pupil attendance, and $7.50 per project pupil per day for  
          staff development, with a maximum of three staff development  
          days per year.  Priority for funding goes to schools where at  
          least 50% of the pupils are eligible for free- or reduced-priced  
          lunch.  Each program is required to provide a match equal to not  
          less than one-third of the total grant.  Facilities may count  
          towards 25% of the local contribution.  


          Participating afterschool programs are required to have an  
          educational and literacy component in which tutoring or homework  
          assistance is provided in one or more of the following areas:   
          language arts, mathematics, history and social science, computer  
          training, or sciences; and an educational enrichment component,  
          which may include, but is not limited to, fine arts, career  
          technical education, career exploration, recreation, physical  
          fitness and prevention activities. 


          The program requires before school programs to operate one and a  
          half hours a day and after school programs to operate after  
          school until 6 p.m. for a minimum of 15 hours per week.  ASES  
          grantees can request summer grants (previously called  
          supplemental grants) in order to operate for more than 180 days  
          or to operate during summer, intersession or vacation.  


          This bill authorizes a program, beginning January 1, 2016 and  
          ending July 1, 2017, to suspend its operation for a maximum of  
          five schooldays in each fiscal year.  The bill also authorizes a  
          program to request the CDE to exempt an adjustment of its grant  
          level if the suspension results in a school not meeting its  








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          targeted attendance level.  Under current law, the CDE is  
          required to adjust the grant level of any school that does not  
          meet its targeted attendance level by more than 15% in each of  
          two consecutive years; or, in any year after its initial grant  
          year, the actual attendance level of a school falls below 75% of  
          the target attendance level.  


          The author states:


             "After school programs allow parents to obtain and keep their  
            jobs, providing children with a safe environment to receive  
            meaningful academic and enrichment services. While the costs,  
            demands, and expectations of ASES programs have been  
            consistently increasing since the passage of Prop 49, the  
            funding has remained stagnant. SB 645 will ensure high-quality  
            after school programs serving the neediest children and their  
            families are sustainable. 


            After nearly a decade of flat financing, these programs have  
            been stretched to their breaking point. The ADA rate of $7.50  
            has not been increased since 2006. During that time the  
            minimum wage has increased to $9 in 2014 (and will soon  
            increase to $10), and the Consumer Price Index has increased  
            more than 17%. Research has shown that the average cost of a  
            quality after school program is at least $7 per child per hour  
            or $21 per day-nearly 3 times the rate paid to ASES providers.  
            A 2015 survey of over 500 ASES grantees representing over 300  
            school districts found that 89% of programs are negatively  
            impacted by the current daily rate, with 84% of ASES grantees  
            struggling to attract, recruit, and retain quality staff, and  
            many forced to reduce staffing hours, limit professional  
            development, abandon specialized instruction, and reduce  
            efforts to coordinate learning with the school day as a direct  
            consequence of the stagnant ASES daily rate."










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          This bill follows an attempt to secure increased funding in the  
          2015-16 budget.  The Assembly's budget provided an additional  
          $50 million and the budget conference committee reduced the  
          amount to $25 million.  However, the budget signed by the  
          Governor included no increase.  According to the California  
          After School Coalition, allowing the suspension of existing  
          programs will prevent closure of some programs.  


          The bill also revises legislative intent regarding pupil  
          attendance.  Current law expresses the intent of the Legislature  
          that for an after school program, elementary school pupils  
          participate in the full day of a program every day and for  
          middle and junior high school pupils to attend a minimum of nine  
          hours a week and three days a week.  Current law also expresses  
          the intent of the Legislature for pupils to attend a before  
          school program similarly, except when arriving late in  
          accordance with the late arrival policy.  This bill strikes  
          reference to middle and high school pupils and simply expresses  
          the intent of the Legislature that each pupil participate in the  
          full day of the program for each day in which the pupil attends  
          the program.  According to the CDE, this change is to eliminate  
          confusion that students are required to attend at least three  
          days a week in order for pupils' attendance to count.  


          Current law specifies that the ASES program is established for  
          kindergarten through grade 9.  This bill authorizes  
          participating schools to determine the specific grades to be  
          served by a program based on local needs.  According to the CDE,  
          this is to clarify that programs are not required to serve  
          pupils in all grades - kindergarten through 9.   


          Prior related legislation.  SB 1221 (Hancock), Chapter 370,  
          Statutes of 2014, modified eligibility, types of grants, amount  
          of grants, and outcome measures of the ASES, the 21st Century  
          Community Learning Centers, and the 21st Century After School  
          Safety and Enrichment for Teens programs.








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          SB 429 (DeSaulnier), Chapter 626, Statutes of 2011, authorizes  
          an ASES program provider to use supplemental grant funds to  
          operate a six-hour program and establishes other parameters for  
          programs operating summer, intersession or vacation programs,  
          including authorizing a program to be conducted at an offsite  
          location or at an alternate schoolsite and authorizing a  
          supplemental grantee to open eligibility to every pupil  
          attending a school in the district with priority for pupils  
          enrolled in the school that receive a grant.  


          SB 798 (DeSaulnier), Chapter 479, Statutes of 2010, requires any  
          federal 21st CCLC program funds that exceed the total state  
          appropriation for fiscal year 2008-09 to be allocated in  
          accordance with a specified formula that includes 15% for summer  
          programs serving elementary and middle school pupils.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          A World Fit for Kids!


          California After School Coalition


          California Teaching Fellows Foundation (prior version)


          Environmental Charter Schools









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          Fight Crime: Invest in Kids California


          LA's BEST


          Los Angeles County Office of Education


          Magnolia Science Academy - 8 Bell


          Partnership for Children and Youth


          THINK Together


          Today's Fresh Start Charter School




          Opposition


          None on file




          Analysis Prepared by:Sophia Kwong Kim / ED. / (916)  
          319-2087













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